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General Assembly,

Ales. Spots. wood, Esq. Governor.


The Capitol, the twenty-fifth day of October, in the

9th year of the reign of our sovereign lady Anne, by
the grace of God, of Great Britain, France, and Ire-
land, Queen, defender of the faith, fc. Anno Domini,
1710; and thence continued by several prorogations,
to the seventh day of November, Anno Domini, 1711.

W ; Preamble


(From MS.] An Act for appointing Rangers. THEREAS a great number of barbarous, disor

derly and lawless persons, of the Indian nations, have successively for many years last past, resided in and frequented the frontiers of this colony, and after the most horrid and notorious crimes by them committed, takeing the advantage of the large wast and untinhabited gronnds and woods, escape and avoid the hand of justice: For prevention whereof, and for the safeguard and secureing the said frontiers and the inhabitants thereof, from all injury, violence, spoyle and rapine of the said Indians.

Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and Governor to by the authority of the same, That from and after appoint lieuthe passing of this act, the lieutenant governor, or tenants of the commander in chief of this colony and dominion, rangers. for the time being, is impowered and desired, with the advice of the council, to constitute and appoint such persons as he shall think fitt, to be lientenants or commanders of the rangers for the said frontiers; each of which lieutenants, so constituted and appointed, shall choose out and list eleven able bodyed men, with horses and accoutrements, arms and ammunition, residing as

B-Vol. 4.

near as conveniently as may be, to that frontier station for which he shall be lieutenant of the rangers, to serve

under him as their commander. But if such lieutenant To be provi.

cannot find a sufficient number of able bodyed men, furded with cle. nisbed and provided according to the directions of this ven men. act, to serve voluntarily under him, then and in such

case it shall and may be lawfull for the commander in chief of the militia in the same county, and he is hereby impowered and required, upon the application of such lieutenant, to order and impress out of the militia of that county, so many able bodyed men, furnished as aforesaid, residing next to that frontier station, as shall make up the number of eleven. And such lieutenant and lieutenants, and the men under his and their respective commands, shall observe, perform and keep such orders and directions in their saverall rangings and marchings as such lieutenant and lieutenants shall, from time to time, receive from the lieutenant-governor or the commander in chief of this colony and domi.

nion, for the time being. Indians, how And be it further enacted, That if any lieutenant of to be dealt the rangers, or any the men under his command, shall with.

in their marching and ranging meet with or see any Indian or Indians whatsoever, such lieutenant and such men shall endeavour by all possible means to apprehend and seize such Indian and Indians. And if upon examination of such Indian or Indians, he or they see cause, shall seize such Indian and Indians and convey him and them before one of her Majesty's justices of the peace, which justice shall if he see cause upon further examination commit such Indian and Indians to the custody of the sheriff of his county, to be by him conveyed to the lieutenant-governor or the commander in chief of this dominion, for the time being, for further examination; and the said justice shall then also certifye the cause of such Indian or Indians' committ

ment. Indians tak

And be it further enacted, That if any Indian or Inen, belong: dians so taken shall upon examination or tryal be found in war, to be to belong to any of the nations in warr with this governtransported ment, such Indian and Indians shall be transported and and sold. sold, and the benefitt of such sale shall intirely belong

to that party of rangers by which he or they were apprehended. And if any Indian or Indians which shall be mett with or seen by such lieutenant or his men,

to a


shall resist, fly or run away, so as such Indian or Indians cannot be apprehended or taken, whereby it may happen that such Indian may be wounded or killed in the pursuit.

It is hereby enacted and declared, That the person or persons killing or wounding such Indian or Indians shall incurr no penalty or prosecution for the same.

And be it further enacted, That if at any time dureing Reward for the continuance of this act, any inhabitant of this colo- taking an Ina ny shall be killed or wounded by an Indian, there shall dian who had

killed awbite be paid to any person or persons that shall upon fresh person. pursuit take and secure such Indian so as he may be brought to tryal for the said fact, a reward of twenty pounds, current money of Virginia, by the general assembly of this colony. - And if such Indian shall resist so as he cannot be apprehended alive, any person or killed if they

Indians to be

, persons that shall in that case shoot or kill such Indian, resist. shall receive the like reward of twenty pounds, current money, to be paid as aforesaid.

And be it further enacted, by the authority aforesaid, That there shall be levyed and paid to every lieutenant or commander of the rangers, for himself, his horse, tenant and

Pay of lieu. with accoutrements, arms and ammunition, for his men, service for one year, five thousand pounds of tobacco, with cask, and in proportion to that for a lesser time than a year. And to every man listed under such lieutenant or commander, for himself, his horse, with accoutrements, arms and ammunition, for bis service for one year, three thousand pounds of tobacco, with cask, and in proportion to that for a lesser time than a year, out of the public levy, which tobacco shall be levyed and raised in the county where such lieutenant and rangers reside, or in some one or more of the next adjacent countys. And for the greater encouragement of the said rangers, every officer and other persons listed under Encourage.

ment to ran him shall be and is hereby declared to be free and ex

gere. empted from the payment of the said county and parish levys dureing their continuance in the said service. Such man so listed producing a certificate under the hand of his lieutenant or commander, setting forth the time such man shall have been in the said ser. vicc, and making oath thereunto. And be it also enacted, That if any lieutenant or com

Penalty for mander of the rangers, or any man listed under such

disobedience lieutenant or commander, by virtue of this act, shall of order.


refuse or wilfully neglect to observe, perform, or keep
such orders and directions as shall from time to time
be given by the lieut. governor or the commander in
chief of this dominion, for the time being, to such licu-
tenant or commander relateing to the rangeing service,
every person & persons so refusing or wilfully neglecting
shall forfeit and loose all such pay as shall be then due
and owing to him, or them, and shall suffer one month's
imprisonment without bail or mainprize, such refusall
or wilfall neglect being proved before the court of the
county where such person & persons shall reside at the
time of makeing the public claimes of the said county.

And be it further enacted, That this act shall continue
and be in force for one year from the end of this sessi-
on of assembly, and for no longer time.

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[From edit.

CHAP. II. 1733, p. 270.)

An Act directing the manner of granting Probats of

Wills, and Administration of Intestates Estates. Jurisdiction I. PE it enacted, by the lieut. governor, council, and of county courts, in probats of

it is hereby enacted, by the authority of the same, That wills and ad, the county courts, and every of them, within their reministrations spective counties, have and shall have lawful jurisdicti

on and authority to hear and determine all causes, mat.
ters, suits, and controversies testamentary, which shall
be brought before them; and that they have and shall
have power to examine and take the proof of wills, and
to grant certificates to the governor, or commander in
chief of this colony and dominion, for the time being,
or to his deputy or deputies appointed for that purpose,
being a member or members of the said courts respect-
ively, of the proof of all such wills, in order to obtain

probats thereupon, or administration cum testamento In what

annexo, as the case shall require; and to hear and de. county will termine the right of administration of the estate of perto be proved. sons dying intestate, in manner, and according to the

several methods, rules, orders, and directions hereaf-
ter expressed and set down, that is to say: If any per-
son, having a mansion-house, or other place of known
residence and abode within this dominion, shall depart
this life, and shall have disposed of his or her estate, or
any part thereof, by will, such will shall be proved in

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the court of that county where such mansion-house, or place of residence or abode shall have been: And if such person shall not have had any mansion-house, or place of residence or abode, as aforesaid, and shall have devised any lands, by his will in writing, to any person or persons, then such will shall be proved in the court of that county wherein such land shall lie: And if such person shall, by such will, have devised lands, lying in several counties, and shall die in any one of those counties, then the will shall be proved in the court of that county wherein he or she shall happen to die: And if such person devising lands, as aforesaid, shall die in another county, than where any of his or her said lands shall lie, then the proof of such will shall be made in the court of some one of the counties where such lands shall lie, and not in any other county: And the proof of any will once well and sufficiently made in any county, as is above directed, shall be and is hereby declared to be of the same force, effect, and validity, for the disposing of lands, or any other estate, as if the same had been proved in every particular county where any land, or other estate, shall be. And if any person


Administradepart this life, having first made a will, and the exe- tion, with cutor or executors therein named, shall all of them re- will annexed fuse the executorship; in such case the same court when to be wherein the will should or ought to have been proved, granted.. if the executor or executors had accepted and taken upon him, her, or themselves, to discharge the trust, shall have power and authority to hear and determine to whom the right of administration ought to belong, and to grant certificate for obtaining letters of administration, cum testamento annexo. And if at any time hereafter, the will in writing of any person deceased, Heir at law, wherein lands shall be devised, shall be exhibited in any

when to be

summoned. of the said county courts, and motion shall be made, that such will may be proved, then the court so legally moved, according to this act, shall appoint a time for proving the said will, and shall cause the next heir at law to the testator to be summoned to appear and be present at the time of such proof, and to show forth any thing that shall or may be lawfully alledged against such proof: And if there shall be diver's heirs at law, in equal degree to the testator, then every one of them shall be summoned, as aforesaid: And if no such heirs be known, either to the eourt, or the party desiring

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